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BHPP - Minerva Indigenous Land Use Agreement (ILUA)

Category: Agreement
Date: 18 November 1999
Sub Category:Indigenous Land Use Agreement (ILUA) (Native Title Act)
Location:West south coast, Victoria, Australia
Legal Status: Registered with the National Native Title Tribunal
Legal Reference: National Native Title Tribunal File No: VIA1999/00
Subject Matter:Housing, Construction and Infrastructure | Cultural Heritage | Native Title | Recognition of Traditional Rights and Interests | Land Use | Mining and Minerals
Summary Information:
The BHPP (BHP Petroleum) - Minerva Indigenous Land Use Agreement (the ILUA) enables a pipeline to be built from the Minerva gas field south of Port Campbell National Park in Two Mile Bay on the western side of Victoria's south coast to a gas plant approximately four kilometres north-west.

Under the Agreement, the native title parties, the Framlingham Aboriginal Trust and the Kirrae Whurrong Native Title Group, consent to:
- the grant of a 30 metre pipeline corridor (easement) over the land;
- the grant of a permit and licence to BHP Petroleum to 'construct, own and operate' the pipeline, under sections 12 and 25 respectively of the Pipelines Act 1967 (Vic);
- the grant 'of any easement, licence or authority' under section 20 (1) for BHP Petroleum to 'construct, operate, inspect, maintain or repair' the pipeline; and
- consent to the 'commencement of operations of the pipeline under section 35 (1A) of the Act.'

The ILUA states that these acts of grants are consented to 'despite any impairment of Native Title, or the enjoyment thereof, that may be caused thereby'. The extract of the ILUA from the Register of Indigenous Land Use Agreements does not contain any statements regarding the extinguishment or otherwise of native title in the area of the agreement.

Related Entries

Organisation
  • Corangamite Shire Council
  • BHP Petroleum - Signatory
  • National Native Title Tribunal
  • Framlingham Aboriginal Trust - Signatory
  • State of Victoria - Signatory
  • Native Title Services Victoria
  • Legislation
  • Native Title Amendment Act 1998 (Cth)
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Pipelines Act 1967 (Vic)
  • People
  • Kirrae Whurrong Native Title Group - Signatory

  • References

    Resource
    National Native Title Tribunal (30 September 2010) Registered ILUAs by Name

    Documents

    Map
    BHPP - Menerva Indigenous Land Use Agreement (ILUA) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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